.af Registration
Policy(Submitted as Part of .af Redelegation Request)
(10 August 2002)

Registration
Policy

1. Definitions

".af DNS authority" means the Afghanistan Domain Administration
Committee supported by the Technical Focal Point which has the right
to grant licenses to use domain names in the ".af" domain;

"the registrar" means the organization or undertaking that
enters into a non-exclusive registrar agreement with the .af DNS authority
and obtains from the .af DNS authority the right to apply for the registration
and renewal of domain names under the ".af" domain on behalf
of its clients but for its own account. UNDP Afghanistan office in Kabul
is one authorized registrar;

"the licensee" means the person that applies for or has
obtained a license from the .af DNS authority to use a particular name
in the ".af" domain;

2. Acceptable Domain Names

The .af DNS authority will not accept the following domain names for
registration:

Names that are already registered ("first come, first served"
-principle) or that are put on hold. A name is put on hold if:

Legal proceedings, whether within or outside the scope of a court
of law, are in progress over that name, or

the .af DNS authority has asked the domain name holder to replace
his registrar in case the registrars contract with the .af DNS authority
is terminated.

Names that consist of characters other than "a-z", "A-Z",
"0-9" and "-", or that start or end with "-"
(as recommended in RFC 1035).

Names of less than two characters or more than sixty-three (63) characters.

Names with "-" on the third and the fourth position.

Names will be registered for the person whose application is completed
first, notwithstanding earlier applications for those names that are not
yet complete. An application is complete when it is received with all
the required data by the .af DNS authority computer system (not when it
was sent). The refusal to register a domain name by the .af DNS authority
does not create any rights (priority rights or other) for the applicant.
The applicant may file a new application, in competition with anybody
else, if that name later becomes available to the public.

3. License

a) After the registrar completes the registration process and pays
the registration fees, the .af DNS authority grants an exclusive license
to the licensee to use the domain name in the application.

b) The license is valid for one year and is renewable as long as the
registration fee has been settled.

c) The license is not transferable unless the domain name is transferred
with the business assets of the licensee. The license for a domain name
that is on hold cannot be transferred, with exception for the appointment
of a new registrar as described in article 6, b, second paragraph.

d) The .af DNS authority may terminate the license if the licensee
breaches any of the terms and conditions of the domain name registration,
including non-payment of the license fee by the licensee's registrar.
In case of a breach of the terms and conditions, the .af DNS authority
can send a reminder by e-mail to both the registrar and the licensee
informing them that the license will be terminated if the breach is
not remedied within 14 days.

4. Fees and Payment

a) The licensee is aware that the registrar acting on his behalf must
pay the initial registration fee and the renewal fee according to the
agreement between the registrar and the .af DNS authority.

b) The registrar has access to the computer system of the .af DNS authority
in order to verify the status and expiration date of the domain names
that he manages. The registrar is responsible for the timely advice
to the licensee that the license for his registered domain names is
due to be renewed.

c) The .af DNS authority is not responsible for the registrar's non-payment
of registration or renewal fees, which may result in the non-registration
or cancellation of a domain name (even if the licensee has paid the
registrar).

5. Obligation to have a working e-mail address

The licensee must have a working e-mail address, which is inserted in
the .af DNS authority database. The .af DNS authority and the licensee
must use this e-mail address for official communication between them,
and the licensee must keep the address up-to-date through his registrar.
If the e-mail address is not kept up-to-date, the licensee is in breach
of these terms and conditions and the .af DNS authority may terminate
the license as provided in article 3 above.

6. Agreement between Licensee and Registrar

a) The registration and renewal process with the .af DNS authority
can only be conducted by the licensee through an authorized registrar,
who is acting on behalf of the licensee but for its own account. The
.af DNS authority must make available on its web site a list of the
authorized registrars, and a copy of the typical agreement between the
.af DNS authority and the registrar. The .af DNS authority is not a
party to the agreement between the licensee and his registrar incurs
no obligation or liability from that agreement.

b) If a registrar is no longer an authorized registrar because the
agreement with the .af DNS authority is terminated, the .af DNS authority
must send an e-mail to the licensees informing them that their domain
name is put on hold and asking them to appoint another registrar within
one month. If the licensee does not appoint another registrar within
one month, the license agreement between the .af DNS authority and the
licensee will be terminated at the end of its term with no possibility
of renewal. The licensee's domain name will remain on hold until the
later of three months after the .af DNS authority sent the on hold notice
to the licensee, or two months after the license was terminated. While
the domain name is on hold, the licensee may appoint another registrar
who may send a request, including its reasons, to the .af DNS authority
to become the new registrar of the licensee and restore the license
if terminated.

c) If a licensee terminates the agreement with his registrar, he must
at the same time designate a new registrar who must inform the .af DNS
authority of the proposed change of registrar. The .af DNS authority
must inform the licensee and the new registrar of the proposed change
by e-mail and the licensee may object to the proposed change by sending
a reply e-mail to the .af DNS authority within seven days. The change
of registrar will take effect if the licensee confirms the change to
the .af DNS authority within seven days after the e-mail from the .af
DNS authority. If the licensee does not respond within seven days, the
.af DNS authority must send a reminder by e-mail to the new registrar
informing him that the transfer will only take effect if the licensee
confirms the change to the .af DNS authority by fax within 7 days following
the reminder by e-mail.

7. Privacy Policy

a) The licensee authorizes the .af DNS authority to process personal
and other data required to operate the ".af" domain name system.
The .af DNS authority must only use the data for operating the system
and may only transfer the data to third parties if ordered to do so
by the public authorities, upon demand of the dispute resolution entity
mentioned in article 10 or as provided in paragraph (c) of this article.
The licensee has the right to access his personal data and to arrange
for it to be amended, where errors exist.

b) The licensee must keep the .af DNS authority immediately informed
through the registrar of any change in name, address, e-mail address,
telephone and fax numbers. An omission or delay in informing the .af
DNS authority of such changes may result in the termination of the license.

c) The licensee authorizes the .af DNS authority to make the following
personal data accessible on its web site – along with some other technical
data - to guarantee the transparency of the domain name system towards
the public:

Name, address and telephone and fax number of licensee;

Date of registration and status of the domain name;

E-mail address of licensee;

Language chosen for the dispute resolution set out in article 10.

The licensee also authorizes the .af DNS authority to transfer that
data to third parties for the purpose of inclusion in a publicly available
directory. The licensee may at any time and without giving any reason
inform the .af DNS authority that his personal data may not be transferred.
The .af DNS authority must then take all necessary steps to block the
data transfer within five working days.

8. Representations and Warranties

a) The licensee agrees and warrants that:

All statements made during the registration process and the term
of the license are complete and accurate;

Registering the domain name will not infringe or otherwise violate
the rights of a third party;

The domain name is not registered for an unlawful purpose;

The domain name is not used in violation of any applicable laws
or regulations, such as a name that helps to discriminate on the basis
of race, language, sex, religion or political view;

The domain name is not contrary to public order or morality (e.g.
obscene or offensive names);

b) The .af DNS authority is not liable for any damage, direct or indirect
damage, consequential damage and loss of profits, whether in contract,
tort (including negligence), or otherwise, resulting from or related
to the registration or use of a domain name, or to the use of its software
or web site, even if the .af DNS authority has been advised of the possibility
of such damage. Examples of exclusions include:

Registration or renewal (or the default of registration or renewal)
of a domain name in favor of a licensee or a third party due to an
error concerning their identity;

Termination of the .af DNS authority’s rights to register domain
names in the ".af" domain;

Rights that third parties claim to domain names;

Technical problems or faults;

Acts or omissions of the registrars regarding the application,
registration or renewal of domain names, which may result in the non-registration,
or cancellation of a domain name.

The .af DNS authority will exercise its best efforts to provide its
services according to the "best practices" standard of the
registration authorities. The .af DNS authority will exercise its best
efforts to provide its services according to the "best practices"
standards adopted and approved in the national or international context.
The licensee must indemnify the .af DNS authority against any claim
(and the resulting costs, including attorneys' fees) originating from
the use or registration of a domain name that infringes the rights of
a third party. Disputes between the .af DNS authority and the licensee
must be brought before the appropriate Afghanistan courts which will
have exclusive jurisdiction, and must be governed and interpreted in
accordance with the laws of Afghanistan.

9. Change of Registration Rules

a) The rules of the domain name registration procedure are dynamic
and subject to change.

b) If the .af DNS authority decides to change its rules, it will make
the new rules available to the public by posting them on its web site
at least thirty (30) days before the new rules take effect. Each registration
procedure will be handled according to the rules in effect on the date
the application is complete.

c) As a deviation of the previous rule, the .af DNS authority can modify
the technical registration rules without the application of the mentioned
minimum delay of thirty (30) days. Such modifications will take effect
from the moment of their announcement on the website of the .af DNS
authority. The .af DNS authority can only make use of this specific
procedure as far as those modifications seem justified within the national
or international technical context and as far as they are intended to
prevent registrations of speculative nature.

d) The .af DNS authority will not personally inform licensees, whose
domain names have been rejected in the past, that new rules apply, even
if the rejected names would be allowed under the new rules.

10. Dispute Resolution Policy

a) Dispute resolution. The licensee must submit the type of disputes
set out below to alternative dispute resolution proceedings and accepts
in this regard the competence of an accredited. Dispute Resolution Entity.
The licensee accepts that those proceedings must be conducted before
one of the accredited. Dispute Resolution Entities listed at the web
site of the .af DNS authority. The procedure will be conducted in the
language chosen by the licensee during his application. Every dispute
will be governed by the dispute resolution policy applicable when the
complaint is filed.

b) Applicable disputes.

The licensee must submit a dispute to alternative dispute resolution
proceedings if a third party (a "Complainant") asserts to
the Dispute Resolution Entity, in compliance with the rules of procedure,
and proves that:

1. The licensee's domain name is identical or confusingly similar
to a trademark, a trade name, a social name or corporation name, a
geographical designation, a name of origin, a designation of source,
a personal name or name of a geographical entity in which the Complainant
has rights; and

2. The licensee has no rights or legitimate interests in the domain
name; and

3. The licensee's domain name has been registered or is being used
in bad faith.

The evidence of such in bad faith registration or use of a domain
name can, inter alia, be demonstrated by the following circumstances:

1. Circumstances indicating that the domain name was registered or
acquired primarily for the purpose of selling, renting, or otherwise
transferring the domain name to the Complainant who is the owner of
the trademark, trade name, social name or corporation name, geographical
designation, name of origin, designation of source, personal name
or name of the geographical entity, or to a competitor of that Complainant,
for valuable consideration in excess of the costs directly related
to the domain name; or

2. The domain name was registered in order to prevent the owner of
a trademark, a trade name, a social name or corporation name, a geographical
designation, a name of origin, a designation of source, a personal
name or a name of a geographical entity from reflecting this name
in a corresponding domain name, provided that the licensee has engaged
in a pattern of such conduct; or

3. The domain name was registered primarily for the purpose of disrupting
the business of a competitor; or

4. The domain name was intentionally used to attract, for commercial
gain, Internet users to the licensee's web site or other on-line location,
by creating a likelihood of confusion with the Complainant's trademark,
trade name, social name or corporation name, geographical designation,
name of origin, designation of source, personal name or name of a
geographical entity as to the source, sponsorship, affiliation, or
endorsement of the licensee's web site or location or of a product
or service on his web site or location.

5. The licensee registers one or more personal names without the existence
of a demonstrable link between the licensee and the registered domain
names.

If a complaint is filed, the licensee can demonstrate his rights
or legitimate interests to the domain name by the following circumstances:

1. Prior to any notice of the dispute, the licensee used the domain
name or a name corresponding to the domain name in connection with
a bona fide offering of goods or services or made demonstrable preparations
for such use; or

2. The licensee (as an individual, business, or other organization)
has been commonly known by the domain name, even if he has acquired
no trademark; or

3. The licensee is making a legitimate and non-commercial or fair
use of the domain name, without intent for commercial gain to misleadingly
divert consumers or to tarnish the trademark, trade name, social name
or corporation name, geographical designation, name of origin, designation
of source, personal name or name of the geographical entity at issue.

c) Rules of procedure. The rules of procedure of the Dispute Resolution
Entity state the process for initiating and conducting the proceedings
and for appointing the Third-party Decider that will decide the dispute.
The rules of procedure also determine the fees that the Complainant
must pay. The Dispute Resolution Entity publishes the rules of procedure
on his web site.

d) Non-intervention of the .af DNS authority. The .af DNS authority
does not, and will not, participate in the administration or conduct
of any proceedings before. Neither the .af DNS authority, the Dispute
Resolution Entity of the Third-party Decider will be liable as a result
of any fault made in the dispute resolution process, except for intentional
faults.

e) Remedies. The remedies available to a Complainant under any proceedings
before the Third-party Decider are limited to requiring the cancellation
of the domain name registration or the transfer of the domain name to
the Complainant.

f) Notification and publication. The Dispute Resolution Entity must
publish all decisions under this dispute resolution policy on the Internet
during a reasonable term.

g) Courts of competent jurisdiction. The submittance to the alternative
dispute resolution procedures does not prevent either the licensee or
the Complainant from submitting the dispute to a court of competent
jurisdiction for independent resolution before, during or after those
proceedings. If Third-party Decider decides that the domain name registration
should be cancelled or transferred, the .af DNS authority must wait
thirty (30) business days after being informed of the Third-party Decider's
decision before implementing that decision. The .af DNS authority may
then implement the decision unless during those thirty (30) business
days it receives from the licensee evidence that a judicial decision,
enforceable in Afghanistan, rendered in a dispute between the licensee
and the Complainant, blocks the transfer or the cancellation. If the
.af DNS authority receives such documentation, it will not take any
further action (whilst leaving the domain name 'on hold') till it receives
(i) satisfactory evidence of a resolution between the licensee and the
Complainant; or (ii) satisfactory evidence that the lawsuit has been
dismissed or withdrawn; or (iii) a copy of an order on the merits from
that court dismissing the lawsuit or stipulating that the licensee does
not have the right to continue to use the domain name.

h) Other disputes. All other disputes between the licensee and any
party other than the .af DNS authority over the domain name registration
that are not brought under the alternative dispute resolution procedures
must be resolved through any court proceedings, arbitration or other
available proceedings.

i) Defences. The .af DNS authority will not participate in any dispute
between the licensee and any party other than the .af DNS authority
over the registration and use of the domain name, neither in the alternative
dispute resolution proceedings, nor in any other proceedings. The licensee
must not name the .af DNS authority as a party or otherwise include
it in any such proceedings. If the .af DNS authority is named as a party
in any such proceedings, it reserves the right to raise any and all
defences deemed appropriate, and to take any other action necessary
to defend itself.

j) Domain name on hold. As soon as a request for alternative dispute
resolution is properly filed with the Dispute Resolution Entity and
the appropriate fee is paid, the Dispute Resolution Entity must inform
the .af DNS authority of the identity of the Complainant and the domain
name involved. The .af DNS authority must immediately put the domain
name involved "on hold", under articles 2 and 3 of these terms
and conditions. The domain name remains on hold until the end of the
proceedings set out in paragraph (g).

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